04 June 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, FireFly Unmanned Imaging, an operator of small Unmanned Aircraft Systems ("sUAS") equipped to conduct aerial photography and videography. As described more fully below, the requested exemption would permit the operation of small unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the operational environment. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "... establish requirements for the safe operation of such aircraft systems in the national airspace system."
The name and address of the applicant is:
Don Herbert FireFly Unmanned Imaging 74 S. Holcomb Road Clarkston, MI 48346 Phone: (810)399-8974 Email: fireflyuas@gmail.com
Regulations from which the exemption is requested:
14 CFR Part 21 14 CFR 45.23(b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a)14 CFR 407 (a) (1)

14 CFR 409 (a) (2) 14 CPR 417 (a) & (b)

AUTHORITY FOR EXEMPTIONS This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following: • The UAS's size, weight, speed, and operational capability, • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. Reform Act Section 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." Id Section 333(c). The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under section 40101 of the Act, that includes sUAS, from the requirement that civil aircraft must have a current airworthiness certificate. Applicant interprets this provision to place the duty on the Administrator not only process applicants for exemptions under section 333, but for the administrator to craft conditions for the safe operation of the sUAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator find the exemption in the public interest. 49 U.S.C. Section 44701(f) see also 49 USC Section 44711(a); 49 USC Section 44704; 14 CFR Section 91.203 (a) (1). The DJI Phantom 3(further described below) is a multirotor aircraft weighing 5 pounds, including payload. It has the ability to operate under normal conditions at a speed of no more than 30 knots and has the capability to hover and move in the vertical and horizontal plane simultaneously. The sUAS will operate only in the pilot's or visual observer's visual line of sight at all times, and includes automatic safety features. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public." Reform Act Section 333(b).Given the small size of the sUAS involved and restricted sterile environment within which they

will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the sUAS and the restricted areas in which the relevant sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions and chemical spills, exemptions associated with allowing UASs for agricultural operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT DESCRIPTION The sUAS that FireFly Unmanned Imaging proposes to use is the DJI Phantom 3. The Phantom 3 is commonly referred to as a quadcopter (four independent motors and four rotors). The aircraft weighs less than three (3) pounds, including the attached camera and gimbal. The aircraft is powered electrically by a single 4480 mAh Intelligent Lithium Polymer (LiPo) battery. With the LiPo battery inserted, the aircraft weighs less than five (5) pounds in total. The DJI Phantom 3 has an operational range of 2 km. The aircraft can be controlled by one of two ways; by radio control, or entirely by a touch-screen map based manufacturer developed interface (application). The latter means the pilot only need to command the sUAS where to go, and the system does all the flying for the operator. The DJI Phantom 3 can be operated in both semi and fully autonomous flight modes, with the operator simply plotting waypoints using manual or pre-designed flight patterns. In addition, the operator can create no-fly zones or maximum flight ranges and altitudes so the system cannot enter areas deerned unsafe or unnecessary to fly over. All flight operations of the specified aircraft are GPS controlled, including a Visual Positioning System (VPS) which works similarly to a radar altimeter, to indicate ground reference. The DJI Phantom 3 has two (2) primary operational safety features: • Auto-Return Home. When GPS is available, the aircraft remembers exactly where it took off from. A touch of a button, or a tap of an on-screen icon, activates this feature. • Failsafe. If the Intelligent LiPo battery is running low, or if the aircraft loses connection with the control system for any reason, the aircraft will automatically return to the take off point and land safely.Regardless of the means in which the aircraft is controlled, the aircraft will remain within the

pilot's, or visual observer's, line of sight at all times. (Please see appendix A for additional pertinent aircraft information)

DESCRIPTION OF SPECIFIC REGULATIONS 14 CFR Part 21, Subpart H: Airworthiness certificates Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(1). Given the size and limited operating area associated with the aircraft to be utilized by FireFly Unmanned Imaging, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed. 14 CFR 45.23(b): Marking of the aircraft This regulation requires that certain experimental, provisionally certified aircraft, or light-sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited", "restricted," "light-sport," "experimental," or "provisional," near each entrance to a cabin, cockpit or pilot station. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUAS, 2 inch lettering will be impossible. FireFly Unmanned Imaging will mark the sUAS with the organization's name, physical address, and pertinent contact methods. 14 CFR 61.113(a) &(b): Private pilot privileges and limitations: Pilot in command Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot operating the aircraft to have completed a UAS flight training course of 100 hours before flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the User Guide. The risks associated with the operation of sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).14 CFR 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the User Guide for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided. 14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the User Manual at the ground control point where the pilot flying the sUAS will have immediate access to it. 14 CFR 91.103: Preflight action This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the User Guide and safety checklists. These actions will provide an equivalent level of safety. 14 CFR 91.109: Flight instruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has f

-ully functioning dual controls. By design, sUAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller and by the size and speed of the aircraft.
14 CFR 91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will typically operate at altitudes of 200 feet above ground level (AGL), so an exemption may be needed to allow such operations. The sUAS will never operate at altitude higher than 400 AGL and all operations will occur during daylight hours under Visual Meteorological Conditions (VMC) only.The equivalent level of safety will be achieved given the size, weight and speed of the sUAS as

well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because advance notice to the property owner and any onsite personnel, as well as the precautions outlined below, all affected individuals will be aware of the planned flight operations. Flight operations will be conducted at least 500 feet from all non-participating persons (persons other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless:
1. Barriers or structures are present that sufficiently protect non-participating persons from debris in the event of an accident. The PIC will ensure that non-participating persons remain under such protection. If a situation arises where non-participating persons leave such protection and are within 500 feet of the sUAS, flight operations will cease immediately and/or;
2. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and;
3. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 CFR 91.119(a). The sUAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at least 5 miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO will provide notification to the local Flight Standards District Office and airport controller of all operations within 5 miles of an airport. The FAA will have advance notice of all operations through the filing of notices-to-airmen. Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, the low-altitude operations of the sUAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 CFR 91.121: Altimeter Settings This regulation requires each person operating the aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS and or VPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator before flight.14 CFR 91.151(a): Fuel requirements for flight in VFR conditions

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to operations in controlled environments and has a limited flight time which require an exemption from 14 CFR 91.151(a). The battery powering the sUAS provides approximately 25 minutes of powered flight. This would render the sUAS unable to meet the 30 minute reserve requirement in 14 CFR 91.151. Given the limitations on the sUAS proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable. An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the PIC), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. 14 CFR 91.203(a) &(b): Carrying civil aircraft certification and registration The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. 14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) &(b): Maintenance inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to FireFly Unmanned Imaging. Maintenance will be accomplished by the operator pursuant to the User Guide. An equivalent level of safety will be achieved because these sUAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If inechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the User Guide, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.PUBLIC INTEREST AND PRIVACY

Approval of exemptions allowing commercial operations of sUASs for aerial photography and videography precede this request. Manned aircraft, performing these same essential functions, creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing 5 pounds, powered by batteries, and utilizing flight systems such as GPS, VPS, and Failsafe, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. All flights will be conducted with the authorization of the property owner, and then only at the direction of their designate, for the express purpose of commercial photographic and videographic production. Images, still and motion, are the property of the business owner and the release of any and all media, outside of the contract for service, will be subject to their written consent. No images, still or motion, of any person unwilling to sign a release, will be used in any media. No inadvertent images, still or motion, of persons unknowing, will be used in any media.

EQUIVALENT LEVEL OF SAFETY FireFly Unmanned Imaging proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed by aerial survey operations conducted with helicopters and other conventional aircraft. FireFly Unmanned Imaging will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption:
1. The sUAS will weigh less than 5 pounds.
2. Be operated by an FAA certificated airman holding no less than a Private Pilot certificate.
3. Flights will be operated within line of sight of a pilot and/or observer.
4. Maximum total flight time for each operational flight will be 25 minutes. Flights will be terminated at 20% battery power reserve.
5. Flights will be operated at an altitude of no more than 400 feet AGL.
6. Flight operations will be conducted 5 miles from an airport and at least 3 miles from any city or densely populated area, which are depicted in yellow on VFR sectional charts.
7. Flight operations within 5 miles of an airport require notification and approval from the local Flight Standards District Office and airport controller.8. Flight operations will occur during daylight hours and under visual meteorological

conditions only.
9. The FAA will have advance notice of all operations through the filing of notices to airmen (NOTAM).
10. Minimum crew for each operation will consist of the sUAS pilot and visual observer.
11. The pilot and visual observer will have been trained in the operation of the sUAS.
12. The pilot and visual observer will at all times be able to communicate by voice and/or text.
13. Written and/or oral permission from the relevant property holders will be obtained.
14. Flight operations will be conducted at least 500 feet from all non-participating persons, vessels, vehicles and structures unless: a. Barriers or structures are present that sufficiently protect non-participating persons from debris in the event of an accident. The pilot will ensure that non-participating persons remain under such protection. If a situation arises where non-participating persons leave such protection and are within 500 feet of the sUAS, flight operations will cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and; c. Operations near the pilot or visual observer do not present an undue hazard to the pilot or visual observer.
15. If the sUAS loses communication or loses its GPS signal, the sUAS will automatically return to a safe, pre-determined location and land.
16. The sUAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

INDEMNITY FireFly Unmanned Imaging will maintain $2,500,000 of personal liability insurance coverage, and $25,000 medical coverage to include accidental death and disability ($10,000 death benefit).FEDERAL REGISTER SUMMARY

Mr. Don Herbert, 74 S Holcomb Rd. Clar•kston, MI 48346, petitioned the FAA on behalf of FireFly Unmanned Imaging for an exemption from part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The exemption would allow commercial operation of the DJI Phantom 3 s UAS to conduct aerial photography and videography.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 — size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security — provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of FireFly Unmanned Imaging, sUAS for the above listed purposes.

Respectful y submitted,

Don Herbert FireFly Unmanned Imaging

(Appendix A)